§ 2-24-56. Enforcement authority and penalties.

(1)

Any person or entity violating any provision of this chapter or other ordinance may be prosecuted before a court of competent jurisdiction in the manner prescribed by law. Pursuant to Sections 162.21(8) and 162.22, Florida Statutes, violators of this chapter or other ordinance shall be subject to the issuance of a summons and notice to appear and/or arrest, as provided in Chapter 901, Florida Statutes, and upon conviction may be sentenced to pay a fine not to exceed five hundred dollars ($500.00), a definite term of imprisonment not to exceed sixty (60) days, and the restitution of applicable costs and defender fees as authorized by Section 162.30, Florida Statutes. Each incident or separate occurrence of an act that violates this chapter or other ordinance shall be deemed a separate offense. If an arrest for trespass or other criminal law violation is made by a certified law enforcement officer or deputy sheriff, the sentence upon conviction shall be as prescribed by general law.

(2)

A designated code enforcement officer who has reasonable cause to believe a person has violated a county ordinance will, when practical, first warn the violator to cease the prohibited activity. If the violator refuses, by word or action, to comply, the code enforcement officer may, in his or her discretion, immediately issue a citation and notice to appear. The citation and notice shall conform to the requirements of Part II, Chapter 162, Florida Statutes. For purposes of this chapter, entering upon, diving or jumping from, or swimming under a groin is a serious threat to public health, safety and welfare and absent extraordinary circumstances always result in the issuance of a citation.

(3)

Notwithstanding any of the foregoing, pursuant to Section 162.30, Florida Statutes, and as an alternative to a code enforcement action, violators of this chapter shall be subject to a civil action wherein all manner of civil relief, including injunctive relief, may be sought.

(Ord. No. 07-60, § 9, 6-12-07)